If the first agreement was approved by the Family Law judge it should be valid over her recent attempt to rescind the earlier agreement. You need to see a family law attorney to protect your rights. If you cant find anyone in Greenbrier try www.chelsea-legal.com. Good luck.
My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-client relationship.
The law as applied here in Mass., and likely elsewhere, is that once the agreement is signed, it is a binding contract. The Court's approval turns it further into a judgment of the Court. Whether it reached the stage of court approval or not, she is entitled to try to get out from under it, but it will not be easy. People are free to contract as they wish, and free to act without attorneys and make bad legal decisions. However, if she made a significant legal mistake by not being represented or if it were found you misled her or forced her in the negotiations, then she may very well get relief in the first instance and definitely will in the latter two instances. A mere change of mind should not be enough, but it could turn on the significance of the issue she wants to change and how much of a disadvantage she would be in by enforcing the first agreement.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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